Expropriation In The Americas

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The Agrarian Dispute

Author : John Dwyer
Publisher : Duke University Press
ISBN 13 : 0822388944
Total Pages : 404 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Agrarian Dispute by : John Dwyer

Download or read book The Agrarian Dispute written by John Dwyer and published by Duke University Press. This book was released on 2008-09-12 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lázaro Cárdenas’s land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms “the agrarian dispute,” ensued between the two countries. Dwyer’s nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico’s nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt’s Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cárdenas’s agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cárdenas’s rural policies, the Roosevelt administration’s reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.

Before Eminent Domain

Author : Susan Reynolds
Publisher : Univ of North Carolina Press
ISBN 13 : 0807833533
Total Pages : 187 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Before Eminent Domain by : Susan Reynolds

Download or read book Before Eminent Domain written by Susan Reynolds and published by Univ of North Carolina Press. This book was released on 2010 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in

Expropriation in the Americas

Author : Andreas F. Lowenfeld
Publisher : Dunellen Publishing Company
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Expropriation in the Americas by : Andreas F. Lowenfeld

Download or read book Expropriation in the Americas written by Andreas F. Lowenfeld and published by Dunellen Publishing Company. This book was released on 1971 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506253
Total Pages : 283 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Regulatory Freedom and Indirect Expropriation in Investment Arbitration by : Aniruddha Rajput

Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.

International Protection of Investments

Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

How the Indians Lost Their Land

Author : Stuart BANNER
Publisher : Harvard University Press
ISBN 13 : 0674020537
Total Pages : 353 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How the Indians Lost Their Land by : Stuart BANNER

Download or read book How the Indians Lost Their Land written by Stuart BANNER and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.

The Two Faces of American Freedom

Author : Aziz Rana
Publisher : Harvard University Press
ISBN 13 : 0674266552
Total Pages : 428 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Two Faces of American Freedom by : Aziz Rana

Download or read book The Two Faces of American Freedom written by Aziz Rana and published by Harvard University Press. This book was released on 2014-04-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.

Expropriation of American-owned Property by Foreign Governments in the Twentieth Century, Report Prepared by the Legislative Reference Service, Library of Congress, for the Committee on Foreign Affairs. Committee Print ... 88-1 ... July 19, 1963

Download Expropriation of American-owned Property by Foreign Governments in the Twentieth Century, Report Prepared by the Legislative Reference Service, Library of Congress, for the Committee on Foreign Affairs. Committee Print ... 88-1 ... July 19, 1963 PDF Online Free

Author : United States. Congress. House. Foreign Affairs
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Expropriation of American-owned Property by Foreign Governments in the Twentieth Century, Report Prepared by the Legislative Reference Service, Library of Congress, for the Committee on Foreign Affairs. Committee Print ... 88-1 ... July 19, 1963 by : United States. Congress. House. Foreign Affairs

Download or read book Expropriation of American-owned Property by Foreign Governments in the Twentieth Century, Report Prepared by the Legislative Reference Service, Library of Congress, for the Committee on Foreign Affairs. Committee Print ... 88-1 ... July 19, 1963 written by United States. Congress. House. Foreign Affairs and published by . This book was released on 1963 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Beyond Germs

Author : Catherine M. Cameron
Publisher : University of Arizona Press
ISBN 13 : 0816532206
Total Pages : 289 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Beyond Germs by : Catherine M. Cameron

Download or read book Beyond Germs written by Catherine M. Cameron and published by University of Arizona Press. This book was released on 2015-10-22 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no question that European colonization introduced smallpox, measles, and other infectious diseases to the Americas, causing considerable harm and death to indigenous peoples. But though these diseases were devastating, their impact has been widely exaggerated. Warfare, enslavement, land expropriation, removals, erasure of identity, and other factors undermined Native populations. These factors worked in a deadly cabal with germs to cause epidemics, exacerbate mortality, and curtail population recovery. Beyond Germs: Native Depopulation in North America challenges the “virgin soil” hypothesis that was used for decades to explain the decimation of the indigenous people of North America. This hypothesis argues that the massive depopulation of the New World was caused primarily by diseases brought by European colonists that infected Native populations lacking immunity to foreign pathogens. In Beyond Germs, contributors expertly argue that blaming germs lets Europeans off the hook for the enormous number of Native American deaths that occurred after 1492. Archaeologists, anthropologists, and historians come together in this cutting-edge volume to report a wide variety of other factors in the decline in the indigenous population, including genocide, forced labor, and population dislocation. These factors led to what the editors describe in their introduction as “systemic structural violence” on the Native populations of North America. While we may never know the full extent of Native depopulation during the colonial period because the evidence available for indigenous communities is notoriously slim and problematic, what is certain is that a generation of scholars has significantly overemphasized disease as the cause of depopulation and has downplayed the active role of Europeans in inciting wars, destroying livelihoods, and erasing identities.

Mexican Americans and the Environment

Author : Devon G. Peña
Publisher : University of Arizona Press
ISBN 13 : 0816550824
Total Pages : 249 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Mexican Americans and the Environment by : Devon G. Peña

Download or read book Mexican Americans and the Environment written by Devon G. Peña and published by University of Arizona Press. This book was released on 2022-09-13 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexican Americans have traditionally had a strong land ethic, believing that humans must respect la tierra because it is the source of la vida. As modern market forces exploit the earth, communities struggle to control their own ecological futures, and several studies have recorded that Mexican Americans are more impacted by environmental injustices than are other national-origin groups. In our countryside, agricultural workers are poisoned by pesticides, while farmers have lost ancestral lands to expropriation. And in our polluted inner cities, toxic wastes sicken children in their very playgrounds and homes. This book addresses the struggle for environmental justice, grassroots democracy, and a sustainable society from a variety of Mexican American perspectives. It draws on the ideas and experiences of people from all walks of life—activists, farmworkers, union organizers, land managers, educators, and many others—who provide a clear overview of the most critical ecological issues facing Mexican-origin people today. The text is organized to first provide a general introduction to ecology, from both scientific and political perspectives. It then presents an environmental history for Mexican-origin people on both sides of the border, showing that the ecologically sustainable Norteño land use practices were eroded by the conquest of El Norte by the United States. It finally offers a critique of the principal schools of American environmentalism and introduces the organizations and struggles of Mexican Americans in contemporary ecological politics. Devon Peña contrasts tenets of radical environmentalism with the ecological beliefs and grassroots struggles of Mexican-origin people, then shows how contemporary environmental justice struggles in Mexican American communities have challenged dominant concepts of environmentalism. Mexican Americans and the Environment is a didactically sound text that introduces students to the conceptual vocabularies of ecology, culture, history, and politics as it tells how competing ideas about nature have helped shape land use and environmental policies. By demonstrating that any consideration of environmental ethics is incomplete without taking into account the experiences of Mexican Americans, it clearly shows students that ecology is more than nature study but embraces social issues of critical importance to their own lives.

Routledge Handbook of Contemporary Issues in Expropriation

Author : Taylor & Francis Group
Publisher : Routledge
ISBN 13 : 9781032094687
Total Pages : 480 pages
Book Rating : 4.0/5 (946 download)

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Book Synopsis Routledge Handbook of Contemporary Issues in Expropriation by : Taylor & Francis Group

Download or read book Routledge Handbook of Contemporary Issues in Expropriation written by Taylor & Francis Group and published by Routledge. This book was released on 2021-06-30 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation - Land rights and the acquisition of traditional land rights - Issues surrounding 'public interest' -Alternatives to expropriation -The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.

The National Security Council

Author : Henry Kissinger
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The National Security Council by : Henry Kissinger

Download or read book The National Security Council written by Henry Kissinger and published by . This book was released on 1970 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Empire Trap

Author : Noel Maurer
Publisher : Princeton University Press
ISBN 13 : 1400846609
Total Pages : 571 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Empire Trap by : Noel Maurer

Download or read book The Empire Trap written by Noel Maurer and published by Princeton University Press. This book was released on 2013-08-25 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the United States became an imperial power by bowing to pressure to defend its citizens' overseas investments Throughout the twentieth century, the U.S. government willingly deployed power, hard and soft, to protect American investments all around the globe. Why did the United States get into the business of defending its citizens' property rights abroad? The Empire Trap looks at how modern U.S. involvement in the empire business began, how American foreign policy became increasingly tied to the sway of private financial interests, and how postwar administrations finally extricated the United States from economic interventionism, even though the government had the will and power to continue. Noel Maurer examines the ways that American investors initially influenced their government to intercede to protect investments in locations such as Central America and the Caribbean. Costs were small—at least at the outset—but with each incremental step, American policy became increasingly entangled with the goals of those they were backing, making disengagement more difficult. Maurer discusses how, all the way through the 1970s, the United States not only failed to resist pressure to defend American investments, but also remained unsuccessful at altering internal institutions of other countries in order to make property rights secure in the absence of active American involvement. Foreign nations expropriated American investments, but in almost every case the U.S. government's employment of economic sanctions or covert action obtained market value or more in compensation—despite the growing strategic risks. The advent of institutions focusing on international arbitration finally gave the executive branch a credible political excuse not to act. Maurer cautions that these institutions are now under strain and that a collapse might open the empire trap once more. With shrewd and timely analysis, this book considers American patterns of foreign intervention and the nation's changing role as an imperial power.

Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory

Author : Claudio Saunt
Publisher : W. W. Norton & Company
ISBN 13 : 0393609855
Total Pages : 348 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory by : Claudio Saunt

Download or read book Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory written by Claudio Saunt and published by W. W. Norton & Company. This book was released on 2020-03-24 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2021 Bancroft Prize and the 2021 Ridenhour Book Prize Finalist for the 2020 National Book Award for Nonfiction Named a Top Ten Best Book of 2020 by the Washington Post and Publishers Weekly and a New York Times Critics' Top Book of 2020 A masterful and unsettling history of “Indian Removal,” the forced migration of Native Americans across the Mississippi River in the 1830s and the state-sponsored theft of their lands. In May 1830, the United States launched an unprecedented campaign to expel 80,000 Native Americans from their eastern homelands to territories west of the Mississippi River. In a firestorm of fraud and violence, thousands of Native Americans lost their lives, and thousands more lost their farms and possessions. The operation soon devolved into an unofficial policy of extermination, enabled by US officials, southern planters, and northern speculators. Hailed for its searing insight, Unworthy Republic transforms our understanding of this pivotal period in American history.

The Century of U.S. Capitalism in Latin America

Author : Thomas F. O'Brien
Publisher : UNM Press
ISBN 13 : 9780826319968
Total Pages : 218 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Century of U.S. Capitalism in Latin America by : Thomas F. O'Brien

Download or read book The Century of U.S. Capitalism in Latin America written by Thomas F. O'Brien and published by UNM Press. This book was released on 1999 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the development of U.S. business interests in Latin America from the early 19th century to the present.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Between Blood and Gold

Author : Frédérique Beauvois
Publisher : Berghahn Books
ISBN 13 : 1785333321
Total Pages : 294 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Between Blood and Gold by : Frédérique Beauvois

Download or read book Between Blood and Gold written by Frédérique Beauvois and published by Berghahn Books. This book was released on 2016-12-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a century and a half after the abolition of slavery across most of the Americas, the idea of monetary reparations for former slaves and their descendants continues to be a controversial one. Lost among these debates, however, is the fact that such payments were widespread in the nineteenth century—except the “victims” were not slaves, but the slaveholders deprived of their labor. This landmark comparative study analyzes the debates over compensation within France and Great Britain. It lays out in unprecedented detail the philosophical, legal-political, and economic factors at play, establishing a powerful new model for understanding the aftermath of slavery in the Americas.